On a holiday to thailand a couple of years back we took the time to renew my wife's ID card and passport. She had entered Thailand on her UK passport and departed with it too.

She has just flown back to Thailand, ahead of me, and presented her Thai passport at Phuket. She was told she could not use it as there was no stamp in it for exiting Thailand. She explained the above but they said the Thai passport should have been issued in the Uk not Phuket.

They absolutely refused her her entry on it. Her only way of entry, they said, was to use the Uk passport which is what she did. If she wanted another way she would have to give up her British passport/nationality.

Obviously that leaves her entered as a falang when she wants to be aa a Thai national because we are completing our move to Thailand soon and this was to be her final entry "home".

Is there any way to overturn the decision?

I can send her very old Thai passport out which would show travel in and out of Thailand, would that help.

As I understood it a Thai cannot be refused entry on Thai passport, even if expired.

 

What can we do from here without her having to fly out and back in again? I am assuming that the immigration officer is wrong in what he said.

Why not just have her do a border run with her Thai passport. Then she will be in the country as Thai.No need to fly out.

That is the back up plan! Thanks for your thought.

It would also be better to cancel the 30 day visa in the UK passport rather than letting it go to over-stay. Could cause problems on later travel.

At a later stage in life, just apply for a new british passport, and all done, no problems as i sees it..

 

Glegolo

She should report the official to higher ups. Thais cannot be refused entry to Thailand. 

Yes. She is Thai and cannot be refused.

 

Do a border run and exit with UK passport and re enter with Thai passport.

8 hours ago, nss70 said:

It would also be better to cancel the 30 day visa in the UK passport rather than letting it go to over-stay. Could cause problems on later travel.

 

She hasn't got a visa !!

post #8 no "visa" but likely a 30 day permission stamp. Quick border run entering with and leaving with a Thai pspt should cover staying as a Thai, return to UK on UK ppt and returning to Thailand on a UK ppt gives the same problem next time.

If you leave on Thai ppt, enter UK on UK ppt, return to Thailand on Thai ppt everything should look kosher. My wife always uses US ppt entering and leaving US, and her Thai ppt when dealing with Thai imm.

All stamps seem to be in order and things run smoothly. I hope I'm not missing something important, if so, let me know.

1 hour ago, Phuket Man said:

Do a border run and exit with UK passport and re enter with Thai passport.

A border run might not  be impossible. Immigration at land border crossings want to see a Thai departure stamp and entry/departure stamps for the other country in the passport used for entry or they will not let a person back into the country.

Best to fly out and back to swap passports.

2 hours ago, dbrenn said:

She should report the official to higher ups. Thais cannot be refused entry to Thailand. 

I agree with you.

I have seen so many reports of people letting a immigration officer bluff them into using their other passport. When it happens they should take it to higher level and they will be stamped in with their Thai passport.

post 10 ubonjoe As a Thai can she not cross the border (run) both ways as a Thai (Thai ppt); then return to UK with the papers she got on entry(BKK) in the uk ppt? She will have exit and entry stamps in the Thai ppt

A friend had the same experience with his Thai son.

 

It's not so easy to sort out this type of problem when it arises.

Even Thais have to complete a TM6 when leaving Thailand. If you use a UK passport to exit Thailand then that passport number is recorded on the database. When trying to re-enter on a Thai passport, it's a different number and cannot be matched on their database.

 

Flying across a border and back using a Thai passport doesn't resolve the problem either.

Immigrations database will still show a UK citizen (although Thai as well) as having entered but never left, so effectively remaining on overstay according to their database. It creates a ridiculous situation where the Thai is legally in their own Country but being treated as a foreigner.

 

The only way to resolve the problem, if not at the point of entry, is for the Thai to visit their local Immigration office with Thai passport, ID card and Tabien Baan and let them sort it out. The Thai citizen needs to be removed from Immigrations database to prevent further issues arising.

 

 

19 minutes ago, thatguy said:

post 10 ubonjoe As a Thai can she not cross the border (run) both ways as a Thai (Thai ppt); then return to UK with the papers she got on entry(BKK) in the uk ppt? She will have exit and entry stamps in the Thai ppt

She has to leave on the UK passport to clear the entry she has in it or there could be serious problems in the future if she ever tried to enter with it for some reason. It is also possible that her Thai and UK passports are linked due the names and date of birth are the same on the passports.

Why does it matters if the Thai passport is issued in the UK or in Thailand ? Both possibly would not have exit stamps..?

8 minutes ago, wobalt said:

Why does it matters if the Thai passport is issued in the UK or in Thailand ? Both possibly would not have exit stamps..?

It does not matter. That is a bogus excuse that has been used by a few rogue immigration officers to deny a Thai entry using their Thai passport.

Taking up a level to a supervisor normally ends the problem.

31 minutes ago, ubonjoe said:

She has to leave on the UK passport to clear the entry she has in it or there could be serious problems in the future if she ever tried to enter with it for some reason. It is also possible that her Thai and UK passports are linked due the names and date of birth are the same on the passports.

Doesn't work Joe.

 

Thai leaves on UK passport, TM6 records, name, DOB and UK passport ID number.

On re-entry with a Thai passport Immigration can match name, DOB but not ID number of Thai passport with TM6 ID number

All three must match otherwise suspicion and denial of entry often occurs.

(More than one Mrs Smith with the same DOB, but the ID used differentiates the persons as it's unique to them)

 

An IO could use his discretion and common sense to amend the database on entry, but perhaps because of lack of knowledge or training of how to resolve the situation, but much easier to insist the original passport you used to exit must be used to re-enter.

I've been through this scenario with my local Immigration office and the regional office in Khon Kaen who contacted CW for advice and clarification.

 

Your absolutely correct that in this situation you should request to speak to a senior IO who should be able to sort the problem out there and then. However many Thais do not like confrontation, or to admit they were at fault in the first instance, which results in serious loss of face, so it rarely happens.

 

 

Edited March 25, 20179 yr by dentonian

Doesn't work Joe.
 
Thai leaves on UK passport, TM6 records, name, DOB and UK passport ID number.
On re-entry with a Thai passport Immigration can match name, DOB but not ID number of Thai passport with TM6 ID number
All three must match otherwise suspicion and denial of entry often occurs.
(More than one Mrs Smith with the same DOB, but the ID used differentiates the persons as it's unique to them)
 
An IO could use his discretion and common sense to amend the database on entry, but perhaps because of lack of knowledge or training of how to resolve the situation, but much easier to insist the original passport you used to exit must be used to re-enter.
I've been through this scenario with my local Immigration office and the regional office in Khon Kaen who contacted CW for advice and clarification.
 
Your absolutely correct that in this situation you should request to speak to a senior IO who should be able to sort the problem out there and then. However many Thais do not like confrontation, or to admit they were at fault in the first instance, which results in serious loss of face, so it rarely happens.
 
 

Would agree, but what happens if the exit from Thailand is many years ago? Still in issue? On a Thai passport you fill in a TM6 on exit, but usually not on entry. What about the new e-passport system?

IN Short, you ALWAYS use the Thai PP going out and coming in, unless for some reason she would want to enter Thailand as a Brit (and then would have to leave as a Brit).   Simple as that.  

 

And you should be more careful, technically speaking dual citizenship is not allowed for obvious reasons such as terrorism etc.   But lot's of people do it and don't get caught.  They don't search people out, but if you give me a headache you can expect to get a bigger headache back.  And that rule applies for all bureaucracies worldwide.

 

Don't play musical passports, you pay attention to what ur doing or you get problems.

For Thais with dual nationality, they should use their UK passport to check in.

Use Thai passport for clearing Thai Immigration.

UK passport for entry to UK.

 

Thai passport for check in at UK.

UK passport for clearing UK Immigration.

Thai passport to re-enter Thailand.

 

When your not used to International travel and have dual nationality it's very easy to state the procedure to follow, not so easy for an unexperienced traveller to follow, unless the procedure is completely explained and they understand beforehand.

BTW, most likely she will now be faced with renouncing one citizenship or the other.   You just wasted a ton of time and money getting two passports and then having to redo it all.   Shoulda Googled it and read laws on it and then taught her there must be no mistakes.

 

Can Thai have dual nationality?

DUAL CITIZENSHIP: NOT RECOGNIZED. Exceptions: Child born abroad to Thaiparents, who obtains the citizenship of the foreign country of birth, may retain dual citizenship until reaching the age of majority (18). At this point, person must choose which citizenship to retain.

 

Thailand - Dual and Multiple Citizenship

www.multiplecitizenship.com/wscl/ws_THAILAND.html

 

 

Dual citizenship - Udon Thani Thailand Forum - Udon Thani ...

www.udonmap.com › Forum › Thailand Visa & Law Issues › Thailand Law

1.  

Feb 29, 2008 - 15 posts - ‎12 authors

Generally, Thailand does not allow dual citizenship. A person who .... My Son, Has British and ThaiPassports, he is 1 year old. Last year we all ...

 

 

 

8 minutes ago, wobalt said:

Would agree, but what happens if the exit from Thailand is many years ago? Still in issue? On a Thai passport you fill in a TM6 on exit, but usually not on entry. What about the new e-passport system?

A Thai exiting Thailand should still hold the arrival part of the TM6.

 

There could be a situation where a Thai obtains a new Thai passport through the Thai Embassy in the UK.

On re-entry to Thailand their will be a conflict in the recorded exit ID and re-entry ID.

This is where I completely agree with UJ, to ask for a senior IO who can amend the database accordingly with the new updated information. I suspect a regular IO will be reluctant to change anything on their database.

8 minutes ago, UncleE said:

BTW, most likely she will now be faced with renouncing one citizenship or the other.   You just wasted a ton of time and money getting two passports and then having to redo it all.   Shoulda Googled it and read laws on it and then taught her there must be no mistakes.

 

Can Thai have dual nationality?

DUAL CITIZENSHIP: NOT RECOGNIZED. Exceptions: Child born abroad to Thaiparents, who obtains the citizenship of the foreign country of birth, may retain dual citizenship until reaching the age of majority (18). At this point, person must choose which citizenship to retain.

 

Thailand - Dual and Multiple Citizenship

www.multiplecitizenship.com/wscl/ws_THAILAND.html

 

 

Dual citizenship - Udon Thani Thailand Forum - Udon Thani ...

www.udonmap.com › Forum › Thailand Visa & Law Issues › Thailand Law

1.  

Feb 29, 2008 - 15 posts - ‎12 authors

Generally, Thailand does not allow dual citizenship. A person who .... My Son, Has British and ThaiPassports, he is 1 year old. Last year we all ...

 

 

 

That Website is often Quoted in Threads like this and the information there is totally incorrect, at least as far as Thailand is concerned.

 

Thailand has NO law against Dual Nationality - all the Thai Nationality act states is that a Dual National may, during the year after he reaches the age of 20, renounce his Thai Citizenship. There is no compulsion to do so and no penalty for not doing so; thousands of Thai Dual Nationals simply do nothing and retail both Nationalities.

 

Patrick

Edited March 25, 20179 yr by p_brownstone

5 minutes ago, UncleE said:

BTW, most likely she will now be faced with renouncing one citizenship or the other.   You just wasted a ton of time and money getting two passports and then having to redo it all.   Shoulda Googled it and read laws on it and then taught her there must be no mistakes.

 

Can Thai have dual nationality?

DUAL CITIZENSHIP: NOT RECOGNIZED. Exceptions: Child born abroad to Thaiparents, who obtains the citizenship of the foreign country of birth, may retain dual citizenship until reaching the age of majority (18). At this point, person must choose which citizenship to retain.

 

Thailand - Dual and Multiple Citizenship

www.multiplecitizenship.com/wscl/ws_THAILAND.html

 

 

Dual citizenship - Udon Thani Thailand Forum - Udon Thani ...

www.udonmap.com › Forum › Thailand Visa & Law Issues › Thailand Law

1.  

Feb 29, 2008 - 15 posts - ‎12 authors

Generally, Thailand does not allow dual citizenship. A person who .... My Son, Has British and ThaiPassports, he is 1 year old. Last year we all ...

 

 

 

 

That does not apply to a Thai born in Thailand.

They will always be a Thai citizen unless they choose to renounce it.

Thailand allows Dual nationality.

24 minutes ago, UncleE said:

BTW, most likely she will now be faced with renouncing one citizenship or the other.   You just wasted a ton of time and money getting two passports and then having to redo it all.   Shoulda Googled it and read laws on it and then taught her there must be no mistakes.

Can Thai have dual nationality?

DUAL CITIZENSHIP: NOT RECOGNIZED. Exceptions: Child born abroad to Thaiparents, who obtains the citizenship of the foreign country of birth, may retain dual citizenship until reaching the age of majority (18). At this point, person must choose which citizenship to retain.

Thailand - Dual and Multiple Citizenship

www.multiplecitizenship.com/wscl/ws_THAILAND.html

Dual citizenship - Udon Thani Thailand Forum - Udon Thani ...

www.udonmap.com › Forum › Thailand Visa & Law Issues › Thailand Law

1. Feb 29, 2008 - 15 posts - ‎12 authors

Generally, Thailand does not allow dual citizenship. A person who .... My Son, Has British and ThaiPassports, he is 1 year old. Last year we all ...

 

Completely incorrect info.

The Thai nationality act has not provision that states dual nationalities are not allowed.

The nationality act has been amended several times over the years and a lot of information posted like the above is quoting a previous version of it.

1 hour ago, thatguy said:

post 10 ubonjoe As a Thai can she not cross the border (run) both ways as a Thai (Thai ppt); then return to UK with the papers she got on entry(BKK) in the uk ppt? She will have exit and entry stamps in the Thai ppt

The issue with this is it would remain the same, i.e. the exit and entry stamps are the wrong way around, my understanding is the IO refused as there was no exit stamp in her Thai passport and by doing the above there still would not be, because she would exited and then entered, rather than just exited and therefore no TM6 for the exit. 

The IO was totally wrong as has been stated and should have been reported.

Has an attempt been made to go into a local Thai Immigration Office to see if they can arrange a 'short-cut' or other suggestions on how to rectify the problem?

Get the old Thai passport showing the exit stamp. Do a border run or short flight to nearby country. Use Thai Passport on re-entry with old Thai Passport showing exit stamp.

 

 

 

2 minutes ago, sawadeeken said:

Has an attempt been made to go into a local Thai Immigration Office to see if they can arrange a 'short-cut' or other suggestions on how to rectify the problem?

Yes.

They tell me the Thai must take their ID card, Tabien Baan and both passport into the office.

Passports and copies of ID card and TB will then be sent to Bangkok where the database can be updated and corrected.

 

It sounds as though standard IO's do not have the authority to make changes. Only authorised personnel can do that.

2 minutes ago, dentonian said:

Yes.

They tell me the Thai must take their ID card, Tabien Baan and both passport into the office.

Passports and copies of ID card and TB will then be sent to Bangkok where the database can be updated and corrected.

 

It sounds as though standard IO's do not have the authority to make changes. Only authorised personnel can do that.

Why on earth would that need to be done.